State v. Robertson
Utah Supreme Court
Chief Justice Durrant authored the opinion of the Court, in which Associate Chief Justice Lee, Justice Durham, and Justice Himonas joined.
1Opinion of the Court
Having recused himself, Justice Pearce did not participate herein.
On Certiorari to the Utah Court of Appeals
Chief Justice Durrant, opinion of the Court:
Introduction
¶ 1 Defendant D. Chris Robertson was prosecuted and convicted by the federal government for possession of child pornography. The State of Utah subsequently charged him with twenty counts of sexual exploitation of a minor based on the same conduct. Mr. Robertson argues that Utah Code section 76-1-404 prohibits this subsequent state prosecution. That statute provides that "[i]f a defendant's conduct establishes the commission of one…
2Cases cited52 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Bousley v. United StatesSupreme Court of the United States · 1998
- Brown v. OhioSupreme Court of the United States · 1977
- Bailey v. United StatesSupreme Court of the United States · 1995
- Green v. United StatesSupreme Court of the United States · 1957
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3Cited by27 opinions
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- Porenta v. PorentaUtah Supreme Court · 2017
- State v. PowellCourt of Appeals of Utah · 2020
- Salt Lake City v. JosephsonUtah Supreme Court · 2019
- In re Gestational AgreementUtah Supreme Court · 2019
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